How To Argue An All Sums Approach To Long-Tail Claims
Law360, New York ( October 3, 2014, 11:13 AM EDT) -- In recent decades, liabilities stemming from long-term bodily injury or property damage, such as from exposure to asbestos or environmental contamination, have presented a variety of challenges for policyholders seeking to recover from their insurers under comprehensive general liability policies. Injury or damage involved in such long-tail claims typically touch multiple policy periods. Most CGL policies are implicated or triggered if injury or damage happens during the policy period, regardless when the claim is made. This is quite unlike more traditional and instantaneous slip-and-fall types of bodily injury and property damage claims, which only trigger a single liability policy because the damage happens instantaneously....
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